2014 (1) TMI 801 - AT - Income Tax

Applicability of Rule 8D - Held that - Following Godrej & Boyce Mfg. Co. Ltd. vs. DCIT 2010 (8) TMI 77 - BOMBAY HIGH COURT - Applicability of Rule 8D of the Rules is prospective and not retrospective w.e.f. assessment year 2008-09 - A.O. was directed to recompute the disallowance in case there is a nexus for expenses with exempt income - The disallowance u/s 14A of the Act was restricted to 1% of total exempt income - Partly allowed in favour of assessee. Computation of book profit u/s. 115JB with regard to provisions of unidentified third party claim of motor accident - Held that - Following assessee s own case for A.Y. 2001-02 - The povision created on account of unidentified Motor Third Party claim will not fall under sub-section 115JB(2) Explanation 1(c) of the I T Act - No addition is required to be made while computing the tax liability u/s 115JB of the I.T. Act - Decided in favour of assessee.

Summary

Issues:
1. Disallowance of expenses qua exempted income under section 14A of the Income-tax Act.
2. Computation of book profit under section 115JB of the Act, specifically regarding provisions for unidentified third party claims of a motor accident.

Issue 1: Disallowance of Expenses under Section 14A:
The appeals by the assessee arose from orders of CIT(A)-VI confirming the disallowance of expenses related to exempted income under section 14A of the Act. The main contention was the application of Rule 8D and the correctness of the disallowed expenses. The Tribunal noted the consistent view that Rule 8D does not apply before AY 2008-09. Citing precedents, the Tribunal restricted the disallowance to 1% of total exempt income. This decision aligned with previous rulings and directed the Assessing Officer to calculate the disallowance accordingly.

Issue 2: Computation of Book Profit under Section 115JB:
The second issue in one of the appeals was the computation of book profit under section 115JB, involving the addition of provisions for unidentified third party claims of a motor accident. The assessee contended that the provision for such claims should not be added back while computing the book profit. The Tribunal referred to a previous decision in the assessee's case for AY 2001-02, where it was held that the provision for unidentified third party claims should not be considered under section 115JB. The Tribunal found no factual differences and concluded that the issue was covered by its earlier decision, thus allowing the ground of appeal in favor of the assessee for consistency.

In conclusion, the Tribunal partially allowed the appeals of the assessee concerning the disallowance of expenses under section 14A and the computation of book profit under section 115JB. The judgments provided clarity on the application of rules and precedents in determining the allowable expenses and provisions for unidentified third party claims in the context of income tax assessments.